Grounds for Annulment, of Registration of Candidates (List of Candidates), Cancellation of the Resolution of the Commission as to Registration of a Candidate (List of Candidates), Deletion of a Candidate from the List of Candidates, Cancellation of Registration of a Candidate (List of Candidates), Referendum Initiative Group

(in the version of Federal Law of December 5, 2006, # 225-FZ)

1. The decision of an election commission to register a candidate shall be annulled by the higher commission if the requirement of Section 19, Article 38 of this Federal Law is not complied with. In this case, all decisions to register a candidate shall be annulled with the exception of the first one.

2. Registration of a candidate (list of candidates) shall be annulled by a decision of the election commission which registered the candidate (list of candidates) on the basis of a statement of the candidate that he withdraws his candidature, decision of an electoral association, to recall a candidate (list of candidates), to be submitted to this election commission in accordance with Section 30, 31 and 32, Article 38 of this Federal Law, as well as in connection with the death of a candidate.

3. Registration of a candidate shall be annulled by the election commission that registered the candidate if the candidate is disfranchised of a passive electoral right.

4. Registration of a candidate (list of candidates) nominated by a political party, its regional office or another unit, shall be cancelled by the election commission that registered the candidate (the list of candidates) on the basis of the court judgment, which took legal effect, for suspension of operations or liquidation of the political party, its regional office, other unit, respectively. Registration of a candidate nominated by another public association shall be cancelled by the election commission that registered the candidate, on the basis of the resolution of the appropriate official or body as to suspension of operations of the public association (if this resolution was not appealed to or not recognized by the court as illegal) or in case of liquidation of the public association.

(in the version of Federal Law of April 5, 2009, # 42-FZ).

5. Registration of a list of candidates shall be annulled if the number of candidates, who were removed from the list of candidates on the basis of the statements of candidates about withdrawal of their candidatures, by a decision of an electoral association, to remove candidates from the list of candidates (save for the cases where candidates were removed owing to compelling circumstances) and on the grounds indicated in Section 26, Article 38 of this Federal Law, and Section 9 of this Article, exceeds 25 percent of the number of candidates in a certified list of candidates at the elections to federal bodies of state power or 50% from the candidates in the certified list of candidates at the elections to bodies of state power of subjects of the Russian Federation, bodies of local self-government.

6. Resolution of the election commission as to registration of a candidate (list of candidates), as to refusal to register a candidate (list of candidates) may be cancelled by a court, and a resolution of the election commission as to refusal to register the candidate (a list of candidates), also by the election commission in the manner envisaged in Article 75 of this Federal Law, at the application of the election commission that registered the candidate (list of candidates), of the candidate registered in the same election district, of the election association, the list of candidates of which is registered in the same election district, if it is established that the resolution was taken by the election commission in violation of the requirements envisaged in Sections 24 to 26, Article 38, of this Federal Law, other requirements envisaged in this Federal Law, other law.

7. Registration of a candidate may be cancelled by a court of law at the application of t registered candidate of the election commission, the candidate registered in t same election district, in the following cases:

a) new circumstances have come to light, which constitute a ground for refusal of registration in accordance with paragraphs a, b, f, h, j, l, m, and p, Section 24, Article 38 of this Federal Law. In this case, the new circumstances shall be the circumstances that existed at the time of making the decision as to registration of the candidate, but were not and could have not been known to the election commission that registered the candidate.

(in the version of Federal Law of February 9, 2009, # 3-FZ)

b) in order to achieve a definite result at the election, a candidate have used financial resources other than those of their own electoral fund in an amount exceeding by more than 5 percent the maximum limit of all expenditures from an electoral fund established by law or in the event of exceeding by more than 5 percent of the maximum limit of all expenditures from an electoral fund established by law;

c) a candidate has repeatedly taken advantage of his/her office or official position;

d) actual bribing of voters by the candidate, his/her attorney, authorized representative on financial issues as well as another person or legal entity that act on their assignment was established

e) the candidate did not comply with the limitations envisaged in Section 1 or 11, Article 56, of this Federal Law

f) it was for many times that the candidate did not comply with the limitations envisaged in Section 52, Article 56, of this Federal Law.

g) establishment, with respect to the candidate, of the fact suggesting that, during the period of time indicated in paragraph ‘d’, Section 32, Article 4, of this Federal Law (but before acquiring of the status of candidate), this citizen, in his/her speeches at public events, in mass media or in materials distributed by him/her (including those posted information and telecommunications networks, access to which is not limited to a certain circle of persons, including the Internet), called to taking actions determined in Article 1 of Federal Law on Combatting Extremism as extremism, or otherwise instigated the audience to such actions, substantiated or justified extremism, or took steps aimed at exciting social, race, national or religions dissent, derogation of national dignity, propaganda of exclusivity, prevalence or inferiority of citizens by their attitude to religion, social, racial, national, religious or linguistic affiliation, or promoted and publicly displayed the Nazi attributes or symbols or attributes or symbols confusingly similar thereto and also establishment of such fact with respect to a candidate included into the registered list of candidates, during the said period of time (but before acquiring by the citizen of the candidate status), if the election association that nominated this list does not delete such candidate from the list in accordance with Section 11 of this Article.

(in the version of Federal Law of July 11, 2011, # 200-FZ).

h) actual concealment by the candidate of information as to his/her conviction has been established.

8. Registration of the list of candidates may be cancelled by a court of law, at the request of the election commission that registered the list of candidates, the election association, the list of candidates of which was registered in the same election district, in the following cases:

ɚ) new circumstances, which serve as reason for refusal to register the list of candidates, as envisaged in paragraph ‘a’, ‘e’, ‘f’, ‘g’, ‘j’ or ‘l’ of Section 25, Article 38, of this Federal Law. In this case, the new circumstances shall be the circumstances that existed at the time when the decision was made to register the list of candidates, but which were not and could have not been known to the election commission that registered the list of candidates;

(in the version of Federal Law of February 9, 2009, # 3-FZ)

b) use by the election association, to achieve any particular result at the elections, of money, in addition to its own election fund, if the sum of money exceeded 5% on the maximum spending of money from the election fund established by law, or the maximum spending of money of the election fund, as established by law, was exceeded by more than 5%;

c) the head of the election association has repeatedly taken advantage of his or her position;

d) establishment of actual bribing of voters by the election association, its attorney, authorized representative as well as any person or organization that acted on their behalf;

e) the election association did not comply with the limitations envisaged in Section 1 or 11, Article 56, of this Federal Law, and the candidate included into the registered list of candidates did not comply with the limitations envisaged in Section 1, Article 56, of this Federal Law, if the election association that nominated this list does not delete such candidate from the list, as per Section 11 of this Article;

f) the election association has repeatedly failed to comply with the limitations envisaged in Section 52, Article 56, of this Federal Law;

g) it was established with respect to the election association that, during the period of time indicated in paragraph ‘d’, Section 32, Article 4, of this Federal Law (but before nomination of the list of candidates), this election association, at public events, in mass media or in the materials distributed by it (in particular, posted in the information and telecommunications networks, access to which is not limited to any particular circle of persons, including the Internet), called for taking actions determined in Article 1 of Federal Law, On Combating Extremism, as extremism, otherwise called for such actions, substantiated or justified extremism, or took steps aimed at exciting social, racial, national or religious dissent, derogation of national dignity, promotion of exclusivity, prevalence or inferiority of citizens by their attitude to religion, social, racial, national, religious or linguistic affiliation, or promoted and publicly displayed Nazi attributes or symbols, or attributes and symbols confusingly similar thereto, and this fact was established with respect to a candidate included into the registered list of candidates during the said period of time (but before the candidate acquired the status of candidate), if the election association that nominated that list does not delete this candidate from the list, in accordance with Section 11 of this Article.

(in the version of Federal Law of July 11, 2011, # 200-FZ).

9. Registration of a candidate included into the registered list of candidates may be cancelled by a court of law at the application of the election commission that registered the list of candidates, the election association, the list of candidates of which was registered in the same election district, in the case envisaged in paragraph c, e or h of Section 7 of this Article, or in case of establishment of actual bribing of voters by the candidates as well as by another person who acted upon his/her assignment or the organization or, in case of new circumstances that serve as reason for deletion of the candidate from the list of candidates envisaged in paragraph a, b, c, d, and f of Section 26 of Article 38 hereof. In this case, the new circumstances shall be the circumstances that existed at the time when the decision was made to register the list of candidates but were not and could not have been known to the election commission that registered the list of candidates.

(in the version of Federal Law of April 26, 2007, # 64-FZ)

10. Registration of a referendum initiative group, another referendum participant group may be cancelled by a court on the basis of an application of a commission organizing the referendum not later than three days before voting day in the following cases:

a) the procedures for advancing of a referendum initiative were violated;

b) members and/or authorized representatives of the referendum initiative group, another referendum participant group violated the procedures of referendum campaigning or the rules of funding a referendum campaign;

c) members and/or authorized representatives of the referendum initiative group, another referendum participant group have taken advantage of their office or official position;

d) it has been established that referendum participants were bribed by members and/or authorized representatives of the referendum initiative group, another referendum participant group;

e) there are other grounds established by this Federal Law, other law.

11. The election association, with respect to which the case as to protection of election rights and the right to participate in the referendum of citizens was instigated on the grounds envisaged in paragraph ‘e’ or ‘I’ of Section 8 of this Article, shall be free to delete the candidate whose actions served as reason for approaching the court from the list of candidates nominated by it. The deletion by the election association of such candidate from the list of candidates before the court made any judgment shall serve as reason for termination of the case proceedings.

12. In case of non-compliance by the candidate, election association, of limitations envisaged in Section 1, Article 56, of this Federal Law, or taking by the citizen, before his/her acquisition of the status of candidate, and by the election association, before its nomination of the list of candidates, as envisaged in paragraph ‘I’ Section 7, paragraph ‘I’ Section 8 of this Article, and in cases envisages in paragraphs ‘b’, c’, ‘d’ and ‘h’ of Section 7, paragraphs ‘b’, ‘c’ and ‘h’ of Section 8 of this Article, registration of the candidate (the list of candidates) may be cancelled by a court of law at the application of the prosecutor.

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The VOTA database was created within the framework of the joint programme between the Venice Commission and the European Commission "Democracy through free and fair elections". It is managed jointly by the Secretariat of the Venice Commission and by the Mexican Electoral Tribunal of the Federal Judiciary (TEPJF).